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Hakim: Jurnal Ilmu Hukum dan Sosial
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29876737     EISSN : 29877539     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 195 Documents
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Tindakan Genosida Terhadap Etnis Rohingnya Dalam Perspektif Hukum Pidana Internasional Fikroh Ainiyah; Efa kusmalasari
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1717

Abstract

the actions taken by the Myanmar Government against its Rohing ethnic groups have fulfilled the element that this action can be categorized as a crime of genocide. The requirement for an action can be said to be an act of genocide, if it has fulfilled elements such as mass murder, carried out systematically, discriminated against a religion, and aimed at eliminating a certain minority ethnic or group. Therefore, the actions taken by the Myanmar government have fulfilled the above elements, so it can be concluded that the actions taken by the Myanmar government against the Muslim Rohing ethnicity are international genocide crimes. Keywords: Genocide, International Criminal Law, Rohingya. Rohingya community has experienced various forms of human rights violations that include genocide crimes, especially since 1978. The right to freedom of movement for the spirits is tightly restricted and the issuance of the Citizenship Law Act which resulted in Myanmar freely discriminating against people who are not has a citizenship status. The issues raised in this study are the actions undertaken by Myanmar is a crime of genocide, as well as efforts to resolve disputes between Myanmar and ethnic spirits. This type of research uses the type of normative legal research that is by literature studies and literature related to genocide, and using historical approaches, statutory approaches, concept approaches and case approaches. The results of this study indicate that the actions taken by Myanmar to the spirits of the Muslim community are indeed a genocide crime, based on some elements in accordance with Article 6 of the Rome Statute 1998. The Dispute Resolution is litigated, as non- litigation settlements can not find the bright spot of the dispute, and who handles the case is the International Criminal Court with the ICC tribunal. The conclusion is that Myanmar has committed genocide crimes against its ethnic spirits and discrimination against minorities. Furthermore, the efforts of dispute settlement are conducted by litigation or through legal mechanism and handled by ICC (International Criminal Court).
Deportasi Terhadap Warga Amerika Serikat Penduduk Chagossia Ditinjau dari Persepektif Hukum Pidana Internasional Lutfiah Fitri Yani; Regina Eka Anggraeni
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1723

Abstract

This journal article was created with the aim of knowing the conditions and how the deportation carried out by the United States against the population of Chagossia will be viewed from the perspective of International Criminal Law, then what is the perspective of International Criminal Law in the case of the United States' deportation of the population of Chagossia. In fact, deportation itself is widely known to the public, at least to certain groups of people, especially legal experts. It is written in article 1 number 36 in Law no. 6 of 2011 concerning Immigration, which essentially refers to deportation, is a forced action to remove a foreigner from the territory of a country for the reason that the foreigner is not wanted in its territory by the country concerned.
Penerapan Peraturan Wali Kota Surakarta Nomor 16 Tahun 2020 Terhadap Inovasi Layanan Publik Bidang Perizinan Usaha Purwono Sungkowo Raharjo; Asianto Nugroho; Aulia Putri Gandari
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1726

Abstract

The government as a state administrator is obliged to provide services to the community by providing various information, facilities, and infrastructure to create responsive, solution and efficient public services. One of the ways this is realized is through the establishment of Public Service Malls (MPP). This research aims to find out how the Mayor's Regulation Number 16 of 2020 is implemented on public services in the field of business licensing in Surakarta through the One Stop Integrated Service (ONIS) model and what obstacles and efforts are made in innovating public services in the field of business licensing in improving service quality. in Surakarta. The research method used is empirical and uses a qualitative approach. In the Surakarta Public Service Mall DPMPTSP there are still obtacles, namely centralization of the OSS-RBA system by the center, lack of outreach to the community, and a lack of Human Resources (HR). DPMPTSP has also made efforts to overcome these obstacles, starting from holdingtraining, workshop, to the passivation of OSS-RBA socialization.
Tindak Kejahatan Genosida Oleh Myanmar Kepada Etnis Rohingya Ditinjau Dari Perspektif Hukum Pidana Internasional Siti Nurhaliza; Sulis Setya Damayanti
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1728

Abstract

The crime of genocide, which is the extermination of a group or cultural background, as well as criminal acts against political groups that are difficult to identify or know, can cause international problems in a country. The crime of genocide under International Criminal Law is considered an extraordinary act and is prohibited. This research uses normative legal research. Information is obtained through literature study, which includes materials such as books, magazines, papers, journals, articles and international agreements. This research aims to determine the factors causing the crime of genocide experienced by the Rohingya ethnic group in Myanmar when viewed from the perspective of International Criminal Law and how to resolve the conflict between the Myanmar government and the Rohingya ethnic group when viewed from the perspective of International Criminal Law. The research results stated that the main cause of the crime of genocide was triggered by political interests. Differences in race, ethnicity and religion. The crime committed by the Myanmar government by the Rohingya Muslim ethnic group is an international crime of genocide, because it fulfills several basic elements, namely mass murder, discrimination against religious minorities, carried out systematically, and aimed at eliminating an ethnic group and a particular group.
Analisis Yurisdiksi Negara dalam Hukum Pidana Internasional terhadap Kejahatan Genosida Rizki Prasetio; Mochamad Farhan Agung; Hermalia Putri
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1731

Abstract

The term genocide consists of two words, namely geno and cide. Genoa or genos comes from Ancient Greek which means race, nation or ethnicity. Meanwhile, cide, caedere, or cidium comes from Latin which means to kill. Literally, genocide can mean the killing of a race. This term was introduced by Raphael Lemkin in 1944, a Polish-born Jew who immigrated to America in 1930 in his book Axis Rule In Occupied Europe. So it can be interpreted that genocide is a large-scale, systematic massacre of an ethnic group or a group of ethnic groups with the intention of exterminating them. Genocide is defined as any act committed to destroy, in whole or in part, a national, ethnic, racial, or religious group, including killing members of the group, causing serious physical or mental injury to members of the group, and other acts to bring about its destruction. physical group. We need to know that after knowing the definition of genocide, we need to study the meaning of a State's jurisdiction in international law regarding the crime of genocide. The word jurisdiction (jurisdiction) comes from the word jurisdictio which comes from two words, namely juris and dicio. Juris means legal ownership or legal ownership. As for dictio, it means speech, statement, or title. Thus, judging from the origin of the word, it appears that jurisdiction is related to legal matters, ownership according to law or authority according to law. So, as we have learned, there are efforts by a State or nation to have authority according to international criminal law as concrete efforts to take responsibility for a State in preventing the crime of genocide. For example, in the case of genocide, there have been crimes committed by the Myanmar government against the Rohingya Muslim ethnic group, because they fulfilled several basic elements, namely mass murder, discrimination against religious minorities, carried out systematically, and aimed at eliminating a particular ethnicity and group.
Analisis Yuridis Tentang Fenomena Tirhadap Tindak Pidana Penganiayaan Mengakibatkan Luka Berat Yang Dilkukan Penagih Hutang M.Gholam Ghazali; M.Teguh Febriana K.J
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1732

Abstract

Offense description is one of the areas of criminal law. Torture under the Criminal Code is generally defined as a criminal act against the body. All criminal acts regulated in the Criminal Code also have criminal threats specified. Likewise with interpretation offenses and murder offenses. The criminal penalties for these two offenses refer to the Criminal Code book I chapter II concerning crimes, especially in article 10. As for the means, in examining and proving the Public Prosecutor's accusations, the Panel of Judges must be more careful in giving considerations and concluding a criminal act. So that acts of fraud can truly provide fair decisions and not harm or benefit anyone so that acts of forgiveness receive sanctions in accordance with the applicable laws and regulations.
Kesesuaian Penjatuhan Pidana Denda Dengan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Dalam Tindak Pidana Persetubuhan Oleh Anak Naufalin Salma Allyanisa; Subekti Subekti; Riska Andi Fitriono
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1733

Abstract

The aim of writing this article is to analyze the suitability of the imposition of fines by the panel of judges on children for the crime of sexual intercourse in the Karanganyar District Court decision Number 4/Pid.Sus-Anak/2023/PN.Krg with the Juvenile Criminal Justice System Law, especially in article 71 Paragraph (3) . The type of research used is normative with the nature of perspective research, while the approaches used are a case approach and a statutory approach. The results of this research are that the imposition of fines by judges is not in accordance with the Juvenile Criminal Justice System Law which clearly states that fines are replaced with job training.
Hukum Pidana Internasional Sebagai Hukum Global: Penilaian Pengadilan Hybrid Tribunals Alif Alif; Kholik Kholik
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1734

Abstract

This is jurnal focuses on the areas of international criminal law where the influence of global law is most evident, ie. hybrid or international criminal courts. Since many of these courts have closed their doors or advanced in the process, the time is ripe for a preliminary assessment. In addition, the future needs and viability of hybrid courts and crimes under the jurisdiction of the International Criminal Court (ICC) are assessed.
Nominee Agreement dalam Pengalihan Kepemilikan Saham Perseroan Terbatas Ditinjau dari Aspek Hukum Perjanjian dan Hukum Perseroan Terbatas Fitri Riani Baharudin; Lastuti Abubakar; Tri Handayani
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1735

Abstract

Nominee agreement as development of agreement is an implementation of the unnamed agreement (innominaat) regulated in Article 1319 of the Civil Code. The existence of this agreement in Indonesia does not constitute a form of agreement that violates the provisions of contract law even though it has not been regulated expressly and specifically. However, if the agreement is made in conflict with or not in accordance with the provisions of the laws in force in Indonesia, then this would cause legal problems. This research method was carried out using a normative juridical approach with descriptive analytical research specifications. The results of this research show that the position of the nominee agreement in the transfer of share ownership is null and void. By making the agreement null and void, it returns the parties to their original state and has implications for the company.
Analisis Perjanjian Jual Beli Tanah Yang Berstatus Dijaminkan Kepada Pihak Ketiga Menurut Peraturan Perundang-Undangan Terkait Olwintra Sitorus; Anita Afriana; Kilkoda Agus Saleh
Hakim Vol 2 No 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1736

Abstract

Sale and purchase of land agreement is a legal act that involves two provisions, which are the provisions of agreement law and the provisions of agrarian law.. Sale and purchase of land agreement can’t be made privately and might cause disputes in the future. This dispute can cause losses for certain parties so that legal action is needed. The purpose of this research is to understand and examine the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties and the legal action that can be taken by the land buyer as the disadvantaged party because of the transfer of land and/or building rights through sale and purchase agreement related to its status that is guaranteed to third parties. The research uses a normative juridical approach method with analytical descriptive research specifications. Data collection technique in this research is obtained through literature study which was then analyzed using qualitative juridicial method. The analysis shows that the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties is invalid. That situation violates the legal terms of the agreement which results in the agreement being null and void. The land buyer as the party who is disadvantaged by these actions can file a legal act which is a civil lawsuit. The existence of a court judgement is a form of legal certainty for the parties in dispute to obtain their rights.

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